1. The Inter-American Commission on Human Rights held its Seventeenth Session at its permanent headquarters at the Pan American Union, General Secretariat of the Organization of American States, Washington, D.C., from October 9 through 20, 1967.

2. The first meeting took place in the old room of the Council of the OAS at 10:30 A.M., October 9, 1967.

The Secretary General of the Organization, Dr. Jose A. Mora, and the Assistant Secretary General, Dr. William Sanders, attended as guests of honor.

3. The first speaker at this meeting was the Chairman of the Commission, Professor Manuel Bianchi, who thanked the Secretary General and the Assistant Secretary General, on behalf of the Commission, for being present, and for the valuable collaboration and assistance the General Secretariat was contributing for the success of the work of the agency.

Professor Bianchi then reviewed the activities that the Commission would carry out during its Seventeenth Session, mentioning particularly the study of the communications received on the situation regarding human rights in the American countries, the General Work Program, and the program for celebrating International Human Rights Year.

The Chairman also referred to the advisability of the Commission's considering the repercussions that the adoption by the United Nations General Assembly, in December 1966, of the international Covenants on Human Rights and the Optional Protocol might have within the regional sphere of the OAS as regards human rights.

Professor Bianchi mentioned the visit he paid, along with the Executive Secretary of the Commission, to the headquarters of the Council of Europe, in response to the invitation extended to him by that Council to attend the meeting of the Committee of Experts on Human Rights. The Chairman at this point extensively described the activities carried out in the field of coll aboration between the European Commission and the Inter-American Commission on Human Rights.

At the end of his statement, the Chairman declared the Seventeenth Session of the Inter-American Commission on Human Rights opened.

4. Thereupon the Secretary General of the Organization, Dr. José A. Mora, spoke.

The Secretary General expressed his appreciation for Professor Bianchi's remarks and his pleasure at the beginning of another regular session of the Inter-American Commission on Human Rights. He praised the work done by this agency in the fulfillment of its mandate and stated that, by virtue of the "Protocol of Buenos Aires," the Commission had been transformed into one of the principal organs of the inter-American system, with full capacity to promote respect for and observance of human rights in the American countries.

The Secretary General praised the visits paid by the Chairman and the Executive Secretary to the Council of Europe and mentioned that, during his own visit to the headquarters of the European organization, he had noted the great interest existing there in strengthening the ties of cooperation with the OAS and, particularly, with the Inter-American Commission on Human Rights.

The Secretary General referred to two topics of the work program of the Commission for the Seventeenth Session. First he emphasized the importance of having that program include consideration of the draft Inter-American Convention on Human Rights, from the standpoint of its future coordination with the covenants on human rights adopted by the United Nations General Assembly. He said that during his visit to the Council of Europe he had been asked his opinion as to the possibility that an inter-American convention on human rights would be concluded and that it would be coordinated with the United Nations covenants on human rights. He added that in this regard he had limited himself to informing the Council of Europe of the status of the matter and of the consultation that the Council of the Organization had addressed to the American governments on June 7, 1967, regarding the draft American regional convention on human rights. Secondly, the SecretaryGeneral referred to the celebration of the International Year for Human Rights proclaimed by the United Nations and the interest shown by the Council of Europe in how the OAS would associate itself with that celebration. He stated that he had informed that Council of the activities contemplated in the program prepared by the Inter-American Commission on Human Rights and of the fact that that program was being considered by the competent organ of the Organization.

With regard to the cooperative relations between the OAS and the Council of Europe, the Secretary General expressed the need for expanding and strengthening these relations, especially with regard to human rights. He also mentioned the possibility of establishing programs for exchange of students and specialists in human rights who could, under the Fellowship Program of the Organization, go to the headquarters of the Council of Europe to pursue courses in the subject and on the operation of that Council. He a so suggested that it should be desirable for the Inter-American Commission on Human Rights to invite officials of the Secretariat of the Council of Europe to attend the sessions of the Commission in order to continue, on a regular basis, the contact begun with the visit of the Chairman and the Executive Secretary of the Commission to the European organization in June, 1967.

Finally the Secretary General mentioned the desirability that the work in connection with the draft Inter-American Conventior. on Human Rights be concluded promptly, and he expressed good wishes for the success of the work of the Commission at its Seventeenth Session.

B. Membership of the Commission and participation in the session

5. The Inter-American Commission on Human Rights is composed of seven members, elected in a personal capacity by the Council of the Organization of American States from slates of three candidates presented for this purpose by the governments of the member states. Therefore, they represent all the member states of the OAS and act on its behalf.

The members of the Commission are listed below in alphabetical order, with indication of their respective nationalities:

Name

Nationality

Mrs. Angela Acuña de Chacón

Costa Rican

Prof. Manuel Bianchi

Chilean

Dr. Carlos A. Dunshee de Abranches

Brazilian

Dr. Gonzalo Escudero

Ecuadorian

Dr. Gabino Fraga

Mexican

Dr. Daniel Hugo Martins

Uruguayan

Dr. Durward V. Sandifer

United States

All the members of the Commission attended the Seventeenth Session.

C. Meetings and documents

6. The Commission held ten meetings during its Seventeenth Session.

7. The Secretariat prepared the summary minutes of these meetings, which are reserved for the exclusive use of the members of the Commission.

8. In accordance with Article 45 of the Regulations of the Commission, the Secretariat prepared a list of the communications or claims received prior to the session and a summary of the contents of these communications and the initial handling accorded them. This document, arranged in chronological order and by countries referred to in the communications, is reserved for the exclusive use of the members of the Commission (OEA/Ser.L/V/II.18, Doc. 4, of October 3, 1967). The Secretariat prepared an addendum to that document dealing with the communications received during the course of the session.

9. In addition, the Secretariat prepared the following documents:

Draft Report on the Work Accomplished by the Commission During its Sixteenth Session (OEA/Ser.L/V/II.17, Doc. 24, of July 11, 1967).

Study of the topics included in the General Work Program of the Commission--Memorandum (OEA/Ser.L/V/II.18, Doc. 3, of September 28, 1967).

Report of the Executive Secretary on the activities of the Secretariat Between the Sixteen and Seventeenth Sessions (OEA/Ser.L/V/II.18, Doc. 5, of October 11, 1967).

Draft Agenda for the Seventeenth Session (OEA/Ser.L/V/II.18, Doc. 6, of October 9, 1967).

Protocol to the Convention Relating to the Status of Refugees C memorandum (OEA/Ser.L/V/II.18, Doc. 17, of October 17, 1967).

10. The Secretariat also published the following documents: a memorandum presented by the Chairman of the Commission on his visit to the Council of Europe (OEA/Ser.L/V/II.18, Doc. 2, of July 21, 1967); a report submitted by the Subcommittee to the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.18, Doc. 7, of October 5, 1967); the agenda of the Seventeenth Session (OEA/Ser.L/V/II.18, Doc. 6, Rev. 1, of October 9, 1967); a report on cases 13, 18, and 27 --communications Nos. 1538, 1543, and 1552, Republic of Haiti --presented by Dr. Durward V. Sandifer (OEA/Ser.L/V/II.18, Doc. 14, of October 16, 1967); a report on cases 1, 8, and 20 --communications Nos. 1526, 1533, and 1545, Dominican Republic --presented by Dr. Daniel Hugo Martins (OEA/Ser.L/V/II.18, Doc. 15, of October 16, 1967); a report on cases 5, 15, 16, 23, 25, and 30 --communications Nos. 1530, 1540, 1541, 1548, 1550, and 1554, Republic of Bolivia-- presented by Dr. Carlos A. Dunshee de Abranches (OEA/Ser.L/V/II.18, Doc. 18, of October 17, 1967); the address delivered by the Chairman of the Inter-American Commission on Human Rights, Prof. Manuel Bianchi, at the first meeting of the Seventeenth Session, held on October 9, 1967 (OEA/Ser.L/V/II.18, Doc. 9, of October 9, 1967); and Resolution on Political Refugees (OEA/Ser.L/V/II.18, Doc. 23, of October 19, 1967).

11. Through the Department of Public Information of the General Secretariat, the Secretariat issued press releases informing the public cf the Commission's activities.

12. Technical and administrative services were rendered by the Secretariat,
composed of Dr. Luis Reque, Executive Secretary, and Drs. Guillermo
Cabrera, Alvaro Gómez, and Robert Johnston, staff members of the Secretariat.

II. AGENDA

13. At its first meeting, held on October 9, the Commissicn adopted the following agenda for the Seventeenth Session (OEA/Ser. L/V/II.18, Doc. 6, Rev. 1, of October 9, 1967):

AGENDA
FOR THE SEVENTEENTH SESSION

1. Report of the Chairman of the Commission

2. Report prepared by the Secretariat on the work accomplished by the Commission during its Sixteenth Session

3. Report of the Executive Secretary on the activities of the Secretariat between the Sixteenth and Seventeenth Sessions.

4. The situation regarding human rights in the American countries:

Study of communications received. Report of the Subcommittee

The case of Haiti

5. General Work Program:

Study of the topics included in the general work program. Memorandum prepared by the Secretariat

The status of political refugees in the Americas. Protocol to the Convention Relating to the Status of Refugees (Geneva, 1951)

Draft Inter-American Convention on Human Rights

6. Place and date of the Eighteenth Session

7. Other matters.

III. REPORT OF THE CHAIRMAN OF THE COMMISSION

14. At its second meeting, held on October 10, the Chairman of the Commission, in compliance with the provisions of Article 4 of the Regulations, reported on his activities in the performance of his duties between the Sixteenth and Seventeenth Sessions (May-October 1967).

The report of the Chairman dealt with the following points: the visit paid to the headquarters of the Council of Europe, along with the Executive Secretary of the Commission, in response to the invitation extended to him to attend the meeting of the Committee of Expertsof the Council (June 12 through 14, 1967); consideration of the tasks that the Commission would perform in accordance with its General Work Program; the decisions taken by the Commission with regard to International Human Rights Year; the activities that might be entrusted to it with regard to the Draft Convention on Human Rights prepared by the Inter-American Council of Jurists, taking into account the consultation that the Council of the Organization had addressed to the Governments of the member states, regarding that draft, on June 7, 1967; and study of the communications or claims received.

With regard to the visit to the Council of Europe, Professor Bianchi referred to his address delivered at the first meeting (Doc. 9-18),and to his memorandum on his visit to Strasbourg (Doc. 2-18), emphasizing that the Commission should pay particular attention to the effects that could be produced, with regard to regional conventions, by the adoption by the United Nations, the previous December, of the international compacts; to the characteristics of the various procedures to which denunciations are subjected according to the classification made by the Secretariat of the European Commission of Human Rights; and to the disadvantages of accepting the criterion that one government may accuse another of violations of human rights.

With regard to the General Work Program, he repeated the point made in the aforementioned opening address of the session, that the Commission should review and complete that program, so as to offer the members who would be elected to the Commission in 1968 a suitable foundation for the agency to pursue its activities of promotion of respect for human rights in the Americas, and he added that, in order to facilitate this task, the Secretariat of the Commission had prepared a document on the status of the General Work Program.

With regard to International Human Rights Year, the Chairman reported that, by a note dated June 15, 1967, he had transmitted to the Secretary General of the Organization the document entitled "International Human Rights Year --Draft Program of Activities" (Doc. 7-16, Rev. 2), which, in turn, had been transmitted to the Council of the OAS and was then being considered by the appropriate committees of that Council.

Finally the Chairman referred to the desirability and possibilities that the
Organization of American States should and could strengthen its ties
of cooperation and assistance with the Council of Europe in the field
of human rights, as had been stated by the Secretary General of the
Organization, Dr. José A. Mora, in his address to the agency at the
first meeting on October 9 (Doc. 8-18).

15. The Commission took cognizance of the report of the Chairman and recorded its satisfaction with the manner in which Prof. Manuel Bianchi had performed his duties.

IV. REPORT ON THE WORK ACCOMPLISHED BY THE COMMISSION DURING ITS SIXTEENTH SESSION

16. At the second meeting, the Executive Secretary reported that the Secretariat
had prepared a Draft Report on the Work Accomplished by the Commission
During its Sixteenth Session, held in Viña del Mar, Chile, from April
24 to May 3, 1967, which had opportunely been distributed to the members
so that they might make any pertinent observations, and that upon receipt
of those observations and in compliance with the time limit indicated
by the Commission for the approval and publication of that document,
the Secretariat had proceeded to publish it with the changes indicated
by the members (OEA/Ser.L/V/II.17, Doc. 24, of July 11, 1967).

That report contains an account of the activities carried out and the
decisions taken by the Commission from April 24 through May 3, 1967,
at its Sixteenth Session, namely: approval of the Report on the Work
Accomplished by the Commission During its Sixteenth Session; the report
of the Executive Secretary on the activities of the Secretariat between
the Fifteenth and Sixteenth Sessions; consideration of the provisions
of the statute and regulations of the Commission with regard to the
handling of communications addressed to the Commission and the amendments
to the regulations approved at that session with regard to communications
or claims; study of the communications received during the Sixteenth
Session and report of the Chairman of the Commission on them; study
of the situation regarding human rights in Cuba, Haiti, and Nicaragua,
together with approval of the Report on the Situation Regarding Human
Rights in Cuba (Doc. 4-17) and publication of the document entitled
"Requests for Information Transmitted to the Government of Haiti Regarding
the Case of the Haitian Citizens Who Were Returned to Their Country
from the Dominican Republic and the Case of the Beauvoir-Florez Family"
(Doc. 2-16, Rev.); activities related to the General Work Program of
the Commission, especially the resolution adopted on the Draft Convention
on Freedom of Expression, Information, and Investigation and the decisions
regarding the status of political refugees in the Americas, the general
application of the state of siege --second report presented by Dr. Daniel
Hugo Martins, and the study entitled "The Right to Life," by Mrs. Angela
Acuña de Chacón; approval of the document entitled "International Human
Rights Year", which includes the draft program of activities for the
celebration of that international year, prepared by the Secretariat
of the Commission, in compliance with Resolution XXIII of the Second
Special Inter-American Conference; and other matters studied by the
Commission at its Sixteenth Session.

V. REPORT OF THE EXECUTIVE SECRETARY ON THE ACTIVITIES OF THE SECRETARIAT BETWEEN THE SIXTEENTH AND SEVENTEENTH SESSIONS

17. At its second meeting, held on October 10, 1967, the Committee took cognizance of the report presented by the Executive Secretary on the activities of the Secretariat between the Sixteenth and Seventeenth Sessions (OEA/Ser.L/V/II.18, Doc. 5, of October 11, 1967). That report deals with the following matters: preparation of the draft report on the work accomplished by the Commission during its Sixteenth Session; initial handling of the communications or claims received by the Commission between the Sixteenth and Seventeenth Sessions; collaboration by the Secretariat of the Commission with the Committee on Juridical-Political Affairs of the Council of the Organization in the preparation of the report and draft resolution regarding a consultation with the governments of the member states on the Draft Convention on Human Rights prepared by the Inter-American Council of Jurists[1], a summary of the discussions that took place in the Committee on Juridical Political Affairs with regard to the preparation of the resolution and report aforementioned; the attendance of the Executive Secretary, representing the General Secretariat of the Organization, at the Seventeenth Session of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees, held in Geneva in May 1967; an account of the visit paid, along with the Chairman of the Commission, in June of the same year, to the headquarters of the Council of Europe, in response to the invitation extended to him to attend the meeting of the Committee of Experts; and the study on the status of the General Work Program of the Commission, prepared by the Secretariat in compliance with the decision of that agency (Doc. 24-17).

18. The Commission recorded its satisfaction with the manner in which the Secretariat had performed its tasks.

VI. THE SITUATION REGARDING HUMAN RIGHTS IN AMERICAN COUNTRIES

A. Report of the Subcommission. Study of the communications received

19. In order to carry out the functions assigned to it in the Regulations, the standing Subcommission met beginning October 5, 1967.

This subcommission has the duties of making a preliminary study of the communications addressed to the Commission and making the recommendations it deems appropriate as to the way in which such communications should be dealt with, and of preparing, in consultation with the Secretariat, the work program for each session.

The Subcommittee is composed of the Chairman, the Vice Chairman, a third member, and an alternate, namely:

Chairman

Prof. Manuel Bianchi

Vice Chairman

Dr. Gabino Fraga

Third member

Mrs. Angela Acuña de Chacón

Alternate

Dr. Durward V. Sandifer

At the conclusion of its work, the Subcommission rendered a report to the Commission
(Doc.,7-18), giving appropriate observations and recommendations as
to each of the communications summarized in Doc. 4-18.

20. At its third meeting, held on October 11, the Commission considered the communications or claims received, on the basis of the report of the Subcommittee, and decided as follows:

1. To examine together communications Nos. 1530, 1540, 1541, 1548, 1550, and 1554 (Bolivia), taking into account the fact that the government of that country, in making a satisfactory reply to the Commission on the requests for information that were transmitted to it with regard to the said communications, invited the agency to go to its territory in order to verify the situation regarding human rights.

2. To examine communications Nos. 1526, 1533, and 1545 (Dominican Republic), taking into account the fact that the Dominican Government, in replying to the requests by the Commission for information on the aforementioned complaints, requested the assistance of the agency in solving the problem of the Haitian refugees in its territory, who were the subject of the claims, and taking into account also the fact that the said complaints are connected with the situation regarding human rights in Haiti.

3. To examine communications Nos. 1538, 1543, and 1552 (Haiti) upon study ing the situation regarding human rights in that country and the replies of the Haitian Government to the requests for information transmitted to that government in connection with those communications.

4. To abstain from examining the facts denounced in communication Nos. 1528 (Venezuela) and 1535 (Chile), in view of the fact that in the cases dealt with in those communications the internal legal procedures and remedies of the respective states had not been exhausted.

5. To transmit to the respective governments, requesting information, in accordance with Articles 42 and 44 of the Regulations, the pertinent parts of communications Nos. 1546 (Venezuela) and 1551 (Cuba).

6. To file, without further processing, communications No. 1529 (Cuba), because it is written in disrespectful language and bears no relation to facts or situations of disregard of human rights on the part of the government referred to, in accordance with the provisions of sections a and d of Article 39 of the Regulations of the Commission.

7. To request of the complainant author of communication No. 1537 (Cuba), that he complete his complaint, in the light of the provisions of Article 38 of the Regulations.

8. To incorporate communication No. 1554 (Guatemala) and the attached pamphlet into the file on the general situation regarding human rights in the country referred to.

21. With respect to the other communications described in Doc. 4-18, the Commission decided to deal with them in the manner recommended by the Subcommission (Doc. 4 -18, Rev.).

1. To incorporate cases Nos. 1459 and 1462 into the file on the situation regarding human rights in Cuba, and also to include the information regarding those cases in the report that the Commission is to render, in accordance with paragraph c of Article 9 (bis) of its Statute, to the Inter-American Conference or to the Meeting of Consultation of Ministers of Foreign Affairs.

2. To extend until the time of the Eighteenth Session the period provided for in Article 51 of the Regulations, in cases Nos. 1461 and 1504, in order that the governments concerned might reply to the requests for information transmitted by the Commission.

3. To request of the government referred to in cases Nos. 1463, 1465, and 1470 the information offered by that government in its note of December 13, 1966, regarding the result of the procedures followed by the national authorities.

4. To transfer cases Nos. 1481 and 1495 to the file on the situation regarding human rights in Haiti.

5. To appoint Dr. Gonzalo Escudero as rapporteur of case No. 1499, to render a report, containing appropriate recommendations thereon, during the next session.

Secondly, at the same meeting, Addendum No. 1 to Doc. 4-18, Res., was considered.

With regard to the communications contained in that Addendum and numbered 1557 (Bolivia), 1558 (Cuba), and 1559 (Dominican Republic), the Commission decided: to transmit to the governments of Bolivia and Cuba the pertinent parts of the communications concerning them, requesting information, in accordance with Articles 42 and 44 of the Regulations. With respect to the communication referring to the Dominican Republic, the Commission noted that the corresponding information had already been requested of the Government concerned, and consequently, the reply of that government should be awaited.

Communications referring to Bolivia

23. The Commission examined together communications Nos. 1525, 1530, 1540, 1541, 1548, 1550, and 1554, from Doc. 4-18, referring to the Republic of Bolivia, during its fourth and eighth meetings, held on October 12 and 18, respectively.

At its fourth meeting, along with the denunciations, the Commission
considered the information provided by the Government of Bolivia in
its note dated August 30, 1967, in reply to the requests for infraction
that had been transmitted to it on March 4 and July 7 of the same year,
on the denunciatiors concerned.

Along with its note dated August 30, the Government of Bolivia sent an enclosure that included a statement regarding background and the present situation of the country, the applicable legislation, the Law on Security of the State, of September 9, 1965, and an account of the antecedents and legal status of the persons mentioned in the denunciations received by the Commission.

In addition, along with the aforementioned denunciations and information, the Commission considered the invitation extended by that government on July 13, 1967, for it to go to that country to verify the situation regarding human rights.

At the fourth meeting, the Commission decided to appoint a rapporteur to study the matter and present recommendations as to the admissibility of the denunciations referring to the Republic of Bolivia and the appropriate way of handling them. It was also decided that, once the rapporteur's report was rendered, a decision would be taken with regard to the invitation extended by the Government of Bolivia. The Commission unanimously appointed Dr. Carlos A. Dunshee de Abranches as rapporteur.

24. At its eighth meeting, the Commission continued its examination of the communications referring to Bolivia, on the basis of the preliminary report presented by the rapporteur (Doc. 18-18).

After a careful study of the aforementioned report and of the corresponding documentation submitted by the Government of Bolivia, the rapporteur made some changes in his report, in accordance with factual observations presented by the Secretariat.

Finally, at the same meeting, the Commission declared communications Nos. 1525, 1530, 1540, 1541, 1548, 1550, and 1554, from Doc. 4-18, admissible, and, taking into consideration the recommendations of the rapporteur, it decided as follows:

a. To request the Government of Bolivia to provide to the Commission information on the situation of the persons mentioned in No. 9 of Doc. 18-18 and a certified copy of the decision of the Superior Court of Justice of the city of La Paz, of January 24, 1967, regarding the petition for habeascorpus in case No. 1540, from Doc. 4-18, Res.

b. To send a subcommission to Bolivia, in accordance with the provisions of Article 11 of the Statute and Articles 12 and 50 of the Regulations of the Commission, thus responding to the invitation of the Government of Bolivia.

c. To request the Chairman of the Commission, after consulting the Bolivian authorities and the members of the Commission, to set the date for arrival of the said subcommission at La Paz.

Communications referring to the Dominican Republic

25. The Commission examined together communications Nos. 1526, 1533, and 1545, from Doc. 4-18, referring to the Dominican Republic, during its fourth and seventh meetings, held on October 12 and 17, respectively.

At the fourth meeting examination was begun of the denunciations received and, at the same time, of the information provided by the Dominican Government with respect thereto in its note dated June 14, 1967. In view of the fact that in the said note the Commission was informed of the identity and situation of some of the Haitian refugees mentioned in the denunciations transmitted and of the initiation of legal proceedings for infractions committed by certain refugees, it was considered advisable to request the Dominican Government to provide additional information regarding those persons.

Also, upon considering the aforementioned note of June 14, the Commission studied the request of the aforementioned government that it cooperate with the government in solving the problem of the Haitian refugees in its territory.

26. Finally, the Commission decided to appoint Dr. Daniel Hugo Martins as rapporteur with regard to the communications referring to the Dominican Republic, to study the cases in question and render a report containing appropriate observations and recommendations.

27. At its seventh meeting, the Commission continued its examination with regard to the Dominican Republic, on the basis of the report of the rapporteur (Doc. 15-18). It also took cognizance of the fact that the Chairman, in compliance with the decision taken at the fourth meeting, had on October 13, 1967, addressed the Dominican Government requesting further information on some of the refugees mentioned in the note from the Dominican Government dated June 14, cited above.

At the same meeting, the Commission approved the recommendations of the rapporteur with regard to the communication concerning the Dominican Republic. As a result, it decided:

1. To file, without further processing, communication No. 1533, from Doc. 4-18.

2. To leave cases Nos. 1526 and 1545, from Doc 4-18, pending until the Government of the Dominican Republic replied to the request for information dated October 13, 1957, in order to establish whether in the cases indicated the internal legal procedures and remedies of the Dominican state had been exhausted, as prescribed in Article 54 of the Regulations of the Commission.

B. Study of the situation regarding human rights in Haiti

28. During its Seventeenth Session, the Commission continued to exa mine the situation regarding human rights in Haiti, which had been occupying its attention since its Second Session (April 10 through 26, 1961).

29. In September 1962 and in May 1963 it requested the consent of the Government of Haiti to go to its territory in order to study the situation regarding human rights. On both occasions the Haitian Government denied the request for consent, alleging that the visit of the Commission might be interpreted as an interference in the internal affairs of Haiti.

In October 1963 (Seventh Session), the Commission adopted a Report on the Situation Regarding Human Rights in Haiti (Doc. 35-8),wh ch was made known to the American governments through the Council of the Organization.

30. During the Fourteenth Session, it addressed the Haitian Government, requesting information with regard to serious denunciations with respect to Haitian citizens returned to their country from the Dominican Republic in the months of April and May 1966.

In view of the fact that the Government of Haiti rejected the said requests for information, describing them as improper, the Commission, at the Fourteenth Session, repeated those requests for information, also stating in the record the fact that under it Statute it had authority to ask the Haitian Government for information on the facts brcught to its knowledge in which it was specifically alleged that human rights established in the American Declaration had been violated (Doc. 29-15). This new request, transmitted on November 3, 1966, was also rejected by the Government of Haiti, by a note dated December 16 of that year.

31. At the Sixteenth Session (April 24 to May 3, 1967), it again examined the situation regarding human rights in that country and decided to publish the document entitled "Requests for Information Transmitted to the Government of Haiti Regarding the Case of the Haitian Citizens Who Were Returned to Their Country from the Dominican Republic and the Case of the Beauvoir-Florez family" (Doc. 2-16, Rev.), and tc make it known to the American governments through the Council of the Organization (Doc. 24-17, cited above).

32. During the present session, the Commission studied the case of Haiti in examining the communications or claims received (1538, 1543, and 1552, from Doc. 4-18, Res.). This study was carried out during the fifth, seventh, and ninth sessions, held on October 13, 17 and 19. respectively.

At the fifth meeting it examined, first of all, communications 1538 and 1543, as to which it had requested pertinent information from the Government of Haiti, in cables dated June 15 and 30 and July 19, 1967, and the replies of that government, dated July 8 and 19, in which it rejected the Commission's requests, alleging that in case 1538 the request was inopportune and that in case 1543 it would always be up to the Government of Haiti, within the limits of its jurisdiction, under the aegis of its institutions, and through its organs, to achieve the conditions of order and security essential to the social progress of the majority of the Haitian people, along with the power not to provide any information at any time, no matter what commission might request it, in this case the Inter-American Commission on Human Rights. With regard to case 1552, it was considered that it should be transmitted to the Haitian Government requesting information, in accordance with Articles 42 and 44 of the Regulations, despite the terms of the aforementioned communication from that government dated July 19, 1967, because the Commission could not evade its obligation to watch over the observance of human rights in the American countries and to continue to request, when it deemed it appropriate, that the government alluded to in complaints supply the pertinent information.

33. The Commission decided to declare the communications under study admissible, and appointed Dr. Durward V. Sandifer rapporteur for communications 1538, 1543, and 1532, to render a report containing such recommendations as he deemed appropriate.

34. The rapporteur submitted his report (Doc. 14-18) to the Commission for consideration at its seventh meeting, with the following conclusions:

1. That the Government of Haiti had systematically refused to furnish the information requested by the Commission.

2. That the information on Case No. 1552 should be requested, despite that refusal.

3. That in the cases that are the subject of this report, the one hundred and eighty day period contemplated in Article 51 of the Regulations was not applicable, owing to the refusal of the Government of Haiti to furnish the requested information.

4. That although cases No. 1538, 1543, and 1552 should be examined in accordance with the special procedure, the Commission should, in accordance with Article 58 of the Regulations, apply in due time the procedure determined in Articles 37 through 51 of the Regulations.

5. That for obvious reasons it was not possible to insist upon the application of Article 54, relating to the exhaustion of internal legal procedures and remedies, and

6. Consequently, the Commission should proceed to prepare a general report,with conclusions, on the present situation regarding human rights in Haiti, and, in particular, on the situation that will arise because of the denunciation made by the Government of Haiti of the conventions on the right of asylum.

35. The Committee studied the foregoing recommendations at the same seventh meeting, particularly the points regarding the systematic refusal by the Haitian Government to furnish information about the claims that are transmitted to it in conformity with the Regulations and the problem of the denunciation by that Government of the conventions on asylum.

36. Finally, at its seventh meeting, the Commission approved the rapporteur's recommendations and assigned its Secretariat the task of preparing a draft resolution on the case of Haiti, on the basis of those recommendations and the observations of the members.

37. At the ninth meeting the Secretariat presented a draft resolution on the case in question. At that meeting, the Commission approved the following resolution:

The Inter-American Commission on Human Rights,

HAVING SEEN the attached report prepared by the Rapporteur with respect to cases No. 13, 18, and 27 (Communications Nos. 1538, 1543, and 1552, Republic of Haiti, Doc. 4-18.).Doc. 4-18).

RESOLVES:

1. To continue to examine cases Nos. 13, 18 and 27 (Doe. 4-18), in accordance with the special procedure, reserving, the right to apply, in accordance with Article 58 of its Regulations, the procedure established in Articles 37 through 51 of the Regulations.

2. To request from the Government of Haiti the pertinent information relating to case No. 27.

3. Not to apply the period of 180 days referred to in Article 51 of the Regulations, owing to the refusal of the Government of Haiti to furnish the requested information.

4. To defer application of Article 54, referring to the exhaustion of internal legal procedures and remedies, because of this same lack of information.

5. To prepare a general report, with conclusions, on the present situation regarding human rights in Haiti, which will include a special chapter on the right of asylum, in which the situation of Haitian political refugees and persons to whom asylum has been granted will be examined.

6. To formulate, in accordance with the background and other information and conclusions contained in the general report, such observations and recommendations as it deems pertinent with respect to the case of Haiti, in the annual report that, in accordance with paragraph 4 of the operative part of Resolution XXII of the Second Special Inter-American Conference, is to be submitted by the Commission to the Inter-American Conference or to the Meeting of Consultation of Ministers of Foreign Affairs.

The Commission decided to appoint Prof. Durward V. Sandifer rapporteur for the report mentioned in Paragraph 5 of the above resolution and requested the Secretariat to provide all assistance necessary to the rapporteur in the preparation of the report.

VII. ACTIVITIES RELATED TO THE GENERAL WORK PROGRAM

A. Study of the Topics Included in the General Work Program - Memorandum of the Secretariat

38. At the Sixteenth Session (April-May 1967), the Commission considered the advisability of reviewing the general work program, prepared during its First, Fifth, and Ninth Sessions (1960, 1962, and -964, respectively), in order to determine what topics had been completely studied and what other topics or matters should be included in the program, and it decided to entrust the Secretariat with preparing a document on the status of that general program that it could study the matter at its Seventeenth Session (Doc. 24-17).

39. In compliance with that decision, the Secretariat prepared the
document entitled "Examen de los temas incluidos en el Programa General
de Trabajo (Memorandum preparado por la Secretaría)" (Doc. 3-18). This
document contains an account of the status of the topics included in
the general work program, along with two appendices: the topics of the
general program approved in 1962 (Appendix I) and the standards of procedure
for the study and consideration of the drafts and reports, also approved
in 1962, and incorporated into the regulations of the Commission (Appendix
II).

The Commission considered the memorandum prepared by the Secretariat at its sixth meeting, held on October 16.

40. At the same meeting, Dr. Durward V. Sandifer made a lengthy statement on the status of the general work program and how it could be completed and revised, considering that the topics included in it could be divided into: a) topics whose study has been completed; b) topics whose study has not been completed; c) topics for the study of which rapporteurs have not been designated; and d) topics that are under consideration.

With regard to the first group, Dr. Sandifer stated that the study
of the following topics could be considered completed: "Measures designed
to perfect and implement the rights to freedom of investigation, opinion,
and the expression and dissemination of ideas" (Rapporteur, Dr. Gonzalo
Escudero); "Study of political, economic, and social conditions of the
countries of America that may influence human rights" (Rapporteur, Mrs.
Angela Acuña de Chacón); and "Relation between the protection of human
rights and the effective exercise of representative democracy" (Rapporteur,
Dr. Durward V. Sandifer). With regard to the topic studied by Mrs.Acuña
de Chacón, Dr. Sandifer suggested that, despite the fact that the rapporteur
had completed her work, the Commission might consider the advisability
of continuing to study this topic, in view of its constant timeliness.

With regard to the second group, he pointed out that the study of the following topics should be completed at the next session: "Human rights and the right of suffrage in America" (Rapporteur, Prof. Manuel Bianchi); "Jurisdictional protection of human rights in the American States" (Rapporteur Dr. Gabino Fraga); "Protection of human rights in the face of suspension of constitutional guarantees or state of siege" (Rapporteur, Dr. Daniel Hugo Martins); "The right to petition" (Rapporteur, Dr. Durward V. Sandifer); and "International protection of human rights since 1959" (Rapporteur, Dr. Carlos A. Dunshee de Abranches). He stated that on these topics, and on the basis of the reports of the rapporteurs, the Commission could formulate conclusions and, if appropriate, make recommendations to the governments of the member states, under the authority given it by Article 9.b of its Statute. As regards the topic "the right to petition," of which he was rapporteur, he stated that he hoped to present a preliminary report on the subject at the Eighteenth Session, taking into account the fact that the Secretariat was preparing a background document that would facilitate his work.

In the third group, Dr. Sandifer included the topics "right of association
of labor unions," "right to education," and "fundamental human rights,"
stating that the Commission should appoint the rapporteurs for these
topics. He said that Mrs. Acuña de Chacón had presented a useful work
in the educational field ("Los derechos humanos al alcance de los niños,"
or making human rights understandable to children) and had also made
a valuable contribution to the study of the topic of fundamental human
rights with her work "The Right to Life".

In the fourth group, Dr. Sandifer referred to the topics "study of
suitable measures for promoting respect for human rights" (Rapporteur,
Rómulo Gallegos) and "comparative study of the American Declaration
of the Rights and Duties of Man, the Universal Declaration of Human
Rights, and the corresponding provisions of the constitutions of the
American states," pointing out that these topics should be withdrawn
from the general work program for the reasons noted in the memorandum
of the Secretariat (Doc. 3-18, noted).

Finally, Dr. Sandifer made specific proposals for bringing up to date and revising the general work program.

41. At the sixth meeting, the Commission approved the proposals of Dr. Sandifer and, consequently, decided:

1. To complete for the next session (eighteenth) the studies on the topics "Human rights and the right of suffrage in America" and "Jurisdictional protection of human rights in the American states".

2. To continue study of the topic "Study of the state of siege in relation to human rights," in order, if appropriate, to make recommendations to the governments of the member states. To this end, Dr. Daniel Hugo Martins, rapporteur for the topic, was asked to present draft recommendations to the Commission, for consideration at its Eighteenth Session.

3. To entrust the permanent subcommission with the preparation of a draft general work program to be submitted to the Commission for consideration at its next regular session; and

4. To entrust the Secretariat with preparing the corresponding preliminary draft, using as a basis the observations and comments made about the general work program at the Seventeenth Session, and any that the members of the Commission might make later. The Secretariat should submit this preliminary draft to the permanent Subcommittee for consideration.

42. At the tenth meeting, held on October 20, Dr. Carlos A. Dunshee de Abranches proposed that the following topics be included in the general work program: "Jurisdictional protection of human rights and exhaustion of domestic remedies" and "The right to individual freedom." He also proposed that the topic on the exhaustion of domestic remedies be considered together with the "Study of the most effective measures for the jurisdictional protection of human rights in the American states," for which Dr. Gabino Fraga is the rapporteur.

43. At the same meeting, the Commission decided as follows with respect to the two topics proposed:

1. To include a new topic in its general work program, entitled "Exhaustion of domestic remedies," and to appoint Dr. Gabino Fraga as rapporteur thereof, with the request that he study it together with the topic entitled "Study of most effective measures for the jurisdictional protection of human rights in the American states" (topic 5 of the general work program), which was entrusted to him at the First Session.

2. To refer to the Secretariat the draft resolution presented by Dr. Carlos A. Dunshee de Abranches on the topic "The right to individual liberty" and the questionnaire that he prepared on the matter, so that it might be taken into consideration in preparing the preliminary draft general work program.

3. To entrust the Secretariat with preparing a complilation of laws of the American states on conditions governing the exercise of the right to individual liberty and security and limitations thereupon.

B. Situation of political refugees in the Americas

44. Since its Seventh Session (October 1963), the Inter-American Commission on Human Rights has been studying the situation of political refugees in the Americas and, in accordance with its statute, taking the decisions that it has considered advisable to help solve problems concerning those refugees.

45. Through the power granted to it in Article 9.b of its statute, the Commission recommended to the government of the member states of the Organization that they consider the possibility of issuing travel documents to political refugees of the American countries who are legally in their

territories, and the possibility of recognizing as valid the travel documents held by these refugees, that have expired and cannot be renewed (Tenth Session, March 15 to 26, 1965). Also, the Commission approved a report on the status of political refugees in the Americas (Doc. 7-11, Rev.).

46. In its Resolution XXI, the Second Special Inter-American Conference recommended to the member states that they study the possibility of issuing a travel document to refugees who must take final leave of the country where they obtained asylum, and entrusted the Inter-American Juridical Committee with preparing a draft convention on refugees, after consulting the Inter-

American Commission on Human Rights.

In April 1966, the Commission transmitted its opinion on the draft convention to the Juridical Committee. This opinion is contained in the document entitled "Supplement to the Report on Political Refugees in the Americas," (Doc. 11-14), which was approved at the Thirteenth Session.

At the end of April 1966, the Juridical Committee approved a preliminary draft convention on refugees and a draft report on the subject, which it transmitted to the governments of the member states of the Organization.

47. At the Sixteenth Session (April-May 1967), the Commission took cognizance of the fact that the General Assembly of the United Nations, at its twenty-first session (December 1966), had decided to request the Secretary General to transmit the Protocol to the Convention relating to the Status of Refugees to the member states of the United Nations, so that they might accede to it. This protocol was opened for accession on January 31, 1967.

48. In accordance with a resolution adopted by the Commission in October 1967, the Secretariat prepared a memorandum regarding the aforementioned protocol (Doc. 17-18), which was considered at the ninth meeting, held on October 19.

At this meeting, the Commission decided to recommend to the government of the member states of the Organization that they study the advisability of ratifying or of adhering to the Convention relating to the Status of Refugees and of adhering to the respective protocol. The text of the resolution adopted is as follows:

WHEREAS:

Since its Seventh Session, the Inter-American Commission on Human Rights has had under study the problem of political refugees in America, and in the report on this subject that it approved at its Twelfth Session it pointed out the need for a convention to stabilize the situation of such refugees;

The Second Special Inter-American Conference, in Resolution XXI, charged the Inter-American Juridical Committee to prepare a draft convention on refugees, upon consultation with the Inter-American Commission on Human Rights;

This Commission, in due course, brought to the attention of the Juridical Committee its opinion on the subject, and that body has begun the preparation of a preliminary draft convention;

The aforesaid Inter-American Conference, in the said Resolution XXI, recommended to the member states of the Organization that they study the possibility of issuing travel documents to refugees who must take final leave of the country where they obtained asylum, taking for a model the specifications included in Article 28 of the Convention relating to the Status of Refugees signed at Geneva in 1951, and the annex thereto;

The said Convention relating to the Status of Refugees applies only to those refugees who have entered such condition as a result of events taking place prior to January 1, 1951;

The General Assembly of the United Nations in its Twenty-First Session (December, 1966), took note of the Protocol to the Convention relating to the Status of Refugees, which extends the scope of said Convention to cover refugees who were not being included therein;

Said Protocol was opened for the adherence of the member states of the United Nations on January 31, 1967;

It would be desirable for the member states of the Organization of American States that have not done so to consider the possibility of ratifying or adhering to the aforementioned Convention and Protocol,

The Inter-American Commission on Human Rights

RESOLVES:

1. To recommend to the member states of the Organization that are not Parties to the Convention relating to the Status of Refugees, signed at Geneva in 1951, that they consider the possibility of ratifying or of adhering to the same, and

2. To recommend in like manner to the government of the member states of the Organization of American States that they study the possibility of adhering to the Protocol relating to the Status of Refugees opened for the adherence of the member states of the United Nations on January 31, 1967.

49. Finally, the Commission agreed to transmit the foregoing resolution to the Secretary General of the Organization, with the request that he bring it to the attention of the representatives of the governments of the member states on the Council of the Organization of American States.

C. Draft Inter-American Convention on Human Rights

50. At the ninth meeting of the Seventeenth Session, the Commission considered the status of the draft Inter-American Convention on Human Rights. On this matter, the Commission took cognizance of the resolution adopted by the Council of the Organization on June 7, 1967, transmitting to the governments of the member states the report submitted by its Committee on Juridical-Political Affairs containing a consultation regarding the continuation of work on the draft Inter-American Convention on Human Rights, and whether there should be such a convention in addition to and coordinated with the international covenants on human rights, approved by the General Assembly of the United Nations in December, 1966 (Doc. OEA/Ser.G/IV/C-i-787, Rev. 2).

The Commission also took cognizance of the fact that, to date, seven American governments had replied to the consultation transmitted by the Council of the Organization and that six had stated that they were in favor of continuing the work to adopt an inter-American convention on human rights.

51. The Commission also considered the advisability of asking the Secretariat to make a comparative study of the Draft Convention on Human Rights prepared by the Inter-American Council of Jurists, the international covenants on human rights of the United Nations, and the changes proposed by the Inter-American Commission on Human Rights to the draft convention prepared by the Inter-American Council of Jurists, in compliance with Resolution XXIV of the Second Special Inter-American Conference and the pertinent resolution adopted by the Council of the Organization on May 18, 1966. The purpose of this study would be to facilitate the work of the Committee on Juridical-Political Affairs of the Council of the Organization, with reference to the draft Inter-American Convention on Human Rights.

52. Taking into account that the Committee on Juridical-Political Affairs had considered that it would be advisable to have such a comparative study, the Commission, at the aforementioned ninth meeting, decided to instruct its Secretariat to prepare it. At the same time, it appointed Dr. Carlos A. Dunshee de Abranches as rapporteur for the topic, in his capacity as rapporteur of the opinions rendered by the Inter-American Commission on Human Rights, regarding the Draft Convention on Human Rights prepared by the Inter-American Council of Jurists (Docs. 26-15 and 8-16, Rev., of November 15, 1966, and April 24, 1967).

53. Regarding this matter, it should be remembered that, in its Resolution XXIII, the Second Special Inter-American Conference resolved to "proclaim the adherence of the Organization of American States to the celebration of International Human Rights Year, and to contribute by all means at its disposal to make it more effective and more successful."[2] Also, in the aforementioned resolution, the Inter-American Commission on Human Rights was asked to prepare the corresponding program.

54. In compliance with the instructions received from the supreme organ of
the Organization, the Commission, at its Sixteenth Session, approved
the document entitled "International Human Rights Year - Draft Program
of Activities" (Doc. 7-16, Rev. 2), which was transmitted to the Secretary
General of the Organization, Dr. José A. Mora, for the purposes deemed
pertinent, together with the note of June 16, 1966, from the Chairman
of the Commission, Professor Manuel Bianchi.

55. At the second meeting of this Seventeenth Session, held on October 10, the Commission considered matters concerning International Human Rights Year.

First, the Commission took cognizance of the fact that the Secretary General
of the Organization, Dr. José A. Mora, had transmitted the draft program
of activities prepared by the Commission to the Council of the Organization
and that this program was now being studied by the appropriate committee
of the Council.

Secondly, the Commission considered matters concerning the courses and seminars on human rights that it was proposed be carried out at the Institute of Comparative Law of the University of Mexico, as part of the program to celebrate International Human Rights Year. In this regard, the Commission was fully informed by Dr. Gabino Fraga, rapporteur for the topic on the teaching of and spread of information on human rights, and by the Executive Secretary of the Commission, regarding the discussions held with the university authorities in Mexico for holding these courses and seminars.

On the basis of the information and observations of the rapporteur and the information contributed by the Secretariat, the Commission considered the characteristics of the proposed seminar and courses, especially with reference to their duration, priorities for inviting institutions interested in this field to attend the seminar, participation of experts on human rights or on constitutional or political law, and participation of students from universities in the Americas, who would attend the seminar as fellowship students under the Fellowship Program of the OAS.

56. Following this study, the Commission congratulated the rapporteur, Dr. Gabino Fraga, for the steps taken for holding the seminar on human rights. At the same second meeting, it also resolved to thank the Mexican university authorities for their cooperation and help in this regard, and authorized Dr. Gabino Fraga to proceed with the necessary arrangements, in cooperation with the Executive Secretary, for holding this seminar in 1968, at the Institute of Comparative Law of the National University of Mexico.

IX. DATE AND PLACE OF THE EIGHTEENTH SESSION

57. At the tenth meeting, the Commission considered the date and place of the next session.

58. The Commission decided to hold its Eighteenth Session at its permanent headquarters in the Pan American Union, beginning on Monday, April 2, 1968.

X. COMMUNICATION TO THE CHAIRMAN OF THE COUNCIL OF THE ORGANIZATION OF AMERICAN STATES

59. As at previous sessions, and in compliance with the corresponding agreement, the Chairman of the Commission, on October 25, 1967, addressed a note to the Chairman of the Council of the Organization of American States, informing him of the work accomplished and the decisions taken by the Inter-American Commission on Human Rights during its Seventeenth Session.